I have a used car that was hit in a parking lot. The insurance co of the other driver is denying the claim bc there is some rust on the area and that it looks like it was painted over. I can’t acct for this as there was no dent there before and I have never painted the car. Is is possible that the accident caused exposure of rust underneath paint and that the car was painted over by the dealer or previous owner? I got it from a Nissan dealer (it’s a 99 Nissan Sentra). I did not see the accident, but the person admitted hitting my car. There are a couple other areas that paint has chipped and there seems to be paint (faded, but same color) underneath.

Howdy,
First get an estimate to repair from a body shop an have them put in writting if they find the damage is from the accident or not.
Then consider the hassel issue verses the Cost of damages. If the shop agrees it is from the accident put a copy of thier repair estimate with letter to the other drivers insurance company stating you had no prior damage an thier insured admitted damaging your car an the unbias third party estimate supports your claim for damages. Make the last sentenance “They have ten days to pay the claim.” if no responce in ten days then file in small claims court. If no responce to the time demand most judges simply award the damages. I’ve been claims rep for 20 years. For fun you might include in the letter quwstion which test they performed to determine the oxidiation of the exposed metal was due to longer exposure then since the accicdent an what the enginers name was that did the test?

Do you have any physical evidence that can be used later if their story changes? e.g. police report, driver left their insurance information, etc?

It does not matter if your car has some rust or was previously re-painted. You have a right to be put back to the position you were in prior to the incident. The fact the car is not pristine will mean that there will be some subjective adjustment made to the value of the damage and the subsequent repair. In other words, you should not expect them to pay for a repair that improves the value of the car without you assuming a portion of the cost. You also have the right to accept compensation and do nothing to repair the car. Don’t let them bully you. Explain to them you know your rights and are prepared to defend them.

Your insurance company does NOT always work in YOUR best interest. Insurance companies play the game of cost analysis. If we fight the other insurance company on this it will cost us x-amount…but if we negotiate…we’ll pay x-y amount. Cheaper to negotiate and tell customer this is the best we could do. Other problems I’ve seen is when YOUR insurance company is the same as the other persons insurance company. The insurance company will make make the deal that gives them the LEAST pay-out.

So what if you get the least payout on a 1999 car(poster)? They will get it patched together and the repair will likely last the ownership period left.

I concur its awful if your car is damaged when <5 years old. But as it ages lower payout repairs work. Its an incredible hassle for simple repairs to take an insurer to court either small claims or lawyer. Expect them to delay and continue at the last minute. I have worked as IT contractor in and around Auto Insurance/Legal departments. Not worth the hassle.

Thanks so much to everyone who replied. I just contacted my insurance agency (different than the other involved) and hope to hear from them. I didn’t realize I should. I am also strongly considering taking this to a body shop for an estimate. The woman who hit my car admitted it and left me her insurance info. I don’t know if there are witnesses. I suppose we should have filed a police report, but we did not. It is really frustrating that they are delaying this claim so much as it is a very small amount of damage.